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The Florida Department of Health works to protect, promote, and improve the health of all people in Florida through integrated state, county, and community efforts.

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For Attorneys

Brain and Spinal Cord Injury Program

The Brain and Spinal Cord Injury Program is not a covered entity governed by the Health Insurance Portability and Accountability Act (HIPAA). Therefore, Program records are not subject to 45 CFR § 164.502 and section 766.1065, Florida Statutes, and Program records will not be provided in response to “HIPAA waivers” and attorney subpoenas.

To request records, including interim and final lien amounts, send an electronic copy of the completed BSCIP Waiver to depcs.bscip@flhealth.gov. Retain the original; the Program is entitled to request the original before releasing records.

Settlements and judgments in favor of a Program client must provide for payment of the Program’s lien(s). See sections 381.739-381.79, Florida Statutes, which provide, inter alia: 1) every time a client accepts funded services from the Program, the Program is subrogated to and has a lien for third-party payments due the client in relation to the injury giving rise to the need for those services; 2) Program clients must inform the Program of their rights to third-party payments and of legal proceedings against a third party on their behalf; and 3) the Program is not subject to the waiver and fee reduction provisions of section 768.76, Florida Statutes, because funded services are not collateral payments or collateral sources.